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Appeal a decision made in the Court of Queen’s Bench, including small claims, family law claims and conviction offences.
If you lose your court case, you can file an appeal, in which the court’s original decision is reviewed and may be reversed or changed.
When making an appeal, you must show that the previous decision-maker made a factual or legal error that affected the outcome of your case. An appeal isn’t a new trial or a way to re-hear your case.
There are 2 parties involved when filing an application or order:
An appeal doesn’t stop enforcement of an order or judgment and isn’t a way to avoid complying with a court decision. To delay your original order until your appeal is heard, you’ll need to apply to either:
In the Court of Queen’s Bench, you can appeal:
The time limit for filing your appeal is either:
There are some exceptions to these time limits. If the date falls on a weekend or a statutory holiday, you’ll have to file the notice of appeal on the next business day.
If you’ve missed your time to appeal, talk to a lawyer to determine if the time limit can be extended.
Notice of Appeal form (0.2 MB)
Order a transcript of your original court hearing.
At the Court of Queen’s Bench location that’s closest to where your original hearing took place, file copies of your:
To prevent your appeal from being dismissed, you must file the transcript that supports your appeal within 3 months of filing it.
Serve your Notice of Appeal on the respondent.
During the initial court appearance, the Queen’s Bench justice will determine the date of the appeal hearing and what evidence must be presented at it.
At the appeal hearing, the Queen’s Bench justice will make a decision about your appeal.
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